Preweek Final Civpro

8/14/2019 Preweek Final Civpro

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CIVIL PROCEDURE REMEDIAL LAW PRE-WEEK

CIVIL CIVIL CIVIL CIVIL PROCEDUREPROCEDUREPROCEDUREPROCEDURE

NOTE:

CNFS = Certificate of non-forum shoppingCOA = Cause of action

COC = Clerk of courtCOCL = CounterclaimCRCL = Cross-claimFAME = Fraud, accident, mistake or excusablenegligenceFEUD = Forcible entry or unlawful detainerGAD = Grave abuse of discretion

GADALEJ = Grave abuse of discretion amounting tolack/excess of jurisdiction

JOP = Judgment on the pleadingsLOJ = Lack of jurisdictionMFR = Motion for reconsiderationMNT = Motion for new trialMTD = Motion to dismissQJA = Quasi-judicial agency

RFJ = Relief from judgmentRJ = Res judicataSJ = Summary judgmentSM = Subject matterSOF = Statute of fraudsSOL = statute of limitations

TRO = Temporary restraining orderX = Exception

PART 1: JURISDICTION

= Court’s power to hear the action/proceedings andrender a binding judgment.

PRESCRIBED JURISDICTION = Jurisdiction over a particular SM.o Conferred only by the Constitution/law.o Determined by complaint’s allegations.o LOJ can be raised at any time.o Not waivable.

o X: Jurisdiction by estoppel.

o Once attached to a court, cannot be ousted bysubsequent law.o X: If subsequent law expressly provides for

retroactivity.o Conferred upon (filing of initiatory pleading +

payment of docket fee).o X: May allow docket fee payment within a

reasonable time, but within prescriptiveperiod.

SPECIFIC JURISDICTION< See Annex. >

KATARUNGANG PAMBARANGAYo Applicability: If parties actually reside in the same

city/municipality. o X:

1) Government is a party;2) A public officer/EE is party + Case relates to

official functions;3) Offenses punishable by (imprisonment > 1

year) or (fine > P5K);

4) No private offended party;5) Realty located in different

cities/municipalities.o X: Parties agree;

6) Parties actually reside in barangays of different cities/municipalities;o X: The barangays adjoin each other +

Parties agree.7) Disputes determined by the President or

recommended by DOJ Secretary.

PART 2: ORDINARY CIVIL ACTIONS

CAUSE OF ACTION

= Act/omission by which a party violates another’sright.

o Elements:1) Plaintiff’s legal right;2) Defendant’s correlative obligation; & 3) Defendant’s act/omission violating plaintiff’s

right.

SPLITTING OF COA= Dividing a single/indivisible COA into several claims

and bringing several actions thereon.o Not allowed.o Effects:

1) Litis pendentia;2) RJ;

3) MTD under Rule 16 Sec. 1(e) or (f).

JOINDER OF COA= If plaintiff has several COAs against the same

defendant, he may join them all in a single

complaint.o Not compulsory but purely permissive.o Requisites:

1) Compliance with rules on joinder of parties;2) Not include special civil actions or actions

governed by special rules; & 3) If COAs are between the same parties but

pertain to different venues/jurisdictions, joinder allowed in an RTC which covers (invenue and jurisdiction) at least 1 of the COAs.o Totality rule = If all COAs are principally

monetary claims, the aggregate amount

claimed is the test of jurisdiction.

JOINDER OF PARTIES1) Compulsory joinder of indispensable parties;

o Indispensable parties = A final decreewould necessarily affect their rights so thatthe court cannot proceed without their

presence.2) Permissive joinder of necessary parties;

o Necessary parties = Their presence is

necessary to adjudicate the whole controversybut their interests are separable such that a

final decree can be made without affectingthem.

3) Permissive joinder of parties simple (on a commonquestion of law/fact);o Permissive joinder = Requisites:

a) COA arises out of the same transaction orseries of transactions;o Series of transactions =

Transactions connected by the sameSM.

b) Question of law/fact common to allplaintiffs/defendants; &

c) Joinder not proscribed by jurisdiction/venue rules.

4) Class suit = Requisites:a) SM is a common/general interest to many

persons;

b)

The persons are so numerous that it isimpracticable to bring them all to court;c) Parties suing are sufficiently numerous and

representative of the class and can fully

protect the interests of all concerned; & d) Parties sue/defend for the benefit of all.

5) Alternative defendants = Plaintiff is uncertain

against whom of several persons he is entitled torelief, so he may join any/all of them in thealternative, although a right to relief against one



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may be inconsistent with a right to relief againstthe other.

DEATH OF PARTY DURING THE

PENDENCY OF THE ACTION

CLAIM NOT EXTINGUISHED BY DEATHo Counsel’s duty to inform the court within 30 days

and to give legal representatives’ names.o Heirs will be substituted. If minor heirs, appoint

guardian ad litem.o If no legal representative is named, opposing

party to procure the appointment the estate’sexecutor/administrator.

IF PARTY IS A PUBLIC OFFICER o Requisites for substitution:

1) Public officer is a party in his official capacity;2) Pending the action, he dies/resigns;

3) Within 30 days after the successor takesoffice, it is shown that there is a substantial

need to continue/maintain the action;4) Successor adopts/continues (or threatens) his

predecessor’s action; &

5) Successor was given notice and opportunity tobe heard.

ACTION ON CONTRACTUAL MONEY CLAIMSo If defendant dies before entry of final judgment in

the court in which the action was pending at thetime of such death, case not dismissed but shallcontinue until entry of final judgment.

o If judgment favorable to plaintiff, enforced asclaim against deceased defendant’s estate.

PLEADINGS

CERTIFICATE OF NON-FORUM SHOPPINGo Forum shopping = Simultaneous/successive

filing of multiple suits in different courts, involvingthe same parties, on the same/related COAsand/or for the same or substantially the samerelief.

o Test: WON in the 2 or more cases pending, thereis identity of:1) Parties;2) Rights/COAs; & 3) Relief sought.

o CNFS is to be executed by the petitioner, not by

the counsel.o CNFS is required only for initiatory pleadings.

o CNFS is not required in a COCL since it is not

an initiatory pleading.o Failure to comply: Not curable by mere

amendment; cause for the dismissal of the case,without prejudice and upon motion and afterhearing.

DEFENSESo Kinds:

1) Affirmative defenses = Confession +

Avoidance. Assuming arguendo claimant’sallegations, new matters alleged by defendantstill bar recovery.

2) Negative defenses = Specific denials of claimant’s material allegations.a) Specific denial = Specifies each material

allegation belied + Sets forth thesubstance of the matters upon which herelies to support his denial.

b) Denial with qualification = Specifiesallegations admitted + Denies the rest.

c) Specific denial for lack of knowledge/information sufficient to form

as belief as to the truth of the complaint’sallegations.

d) Specific denial under oath = Conteststhe authenticity or due execution of anactionable document and sets forth whatare claimed to be the facts.o Actionable document = Contains

the COA; not merely evidentiary.

o Actionable document’s genuinenessand due execution are deemed

admitted unless specifically denied.o X: Defendant is not party to the

document.e) Negative pregnant = Denial pregnant

with an admission.o Allegations not specifically denied are deemed

admitted.o X:

1) Amount of unliquidated damages;2) Allegations immaterial to COA;3) Conclusions of law.

COUNTERCLAIMS

= Defendant’s claim against an opposing party.

COMPULSORY COCL= Requisites:

1) Arises out of, or necessarily connected with,the transaction/occurrence that is the SM of

the opposing party's claim;2) Does not require for its adjudication the

presence of 3rd parties of whom the courtcannot acquire jurisdiction; &

3) Must be within the court’s jurisdiction.o COCL not set up in the answer is deemed barred.

o X: COCL acquired by the party after servinghis answer (which may be pleaded by asupplemental pleading before judgment).

o Test: Logical relationship test = If trial involvesmany of the same factual and legal issues.

cf: CROSS-CLAIM = Requisites:

1) Claim by one party against a co-party;2) Arises out of the SM of the complaint/COCL; & 3) Cross-claimant is prejudiced by the claim

against him by the opposing party.o CRCL is always compulsory. Barred if not set up.

o X:1) If outside the court’s jurisdiction;

2) Permissive CRCL = 3rd parties arenecessary for adjudication + Court cannotacquire jurisdiction over them.

AMENDMENT OF PLEADING

o Kinds:1) Formal amendments = Clearly clerical

errors may be summarily corrected.o At any stage of the action.o Provided: No prejudice to adverse party.

2) Substantial amendments a) If a matter of right: Any time before a

responsive pleading is served.b) If a matter of discretion= Substantial + Responsive pleading

already served.

o Requires court’s leave.o When amendment by leave of court is not

allowed:

1) If case’s COA/defense/theory is changed;2) If for conferring jurisdiction to court;3) If for curing a premature/non-existing COA;4) If for delay.





o Effects of amendment: o Amendment supersedes the amended

pleading.o Claims and defenses in superseded pleading

which are not incorporated in the amendedpleading are deemed waived.

o Admissions made in the superseded pleadingmay be received in evidence.

AMENDMENT TO CONFORM TO EVIDENCE

o If issues not raised by the pleadings are triedwithout objection, they shall be treated as if raised in the pleadings.

o Pleading may be amended any time to raise theseissues and to conform to the evidence.

cf: SUPPLEMENTAL PLEADING

= Sets forth transactions/events that happenedsince the original pleading’s date.

FILING AND SERVICE

o Filing = Presenting the pleading/paper to theCOC.

manner

of filing

when pleading is

deemed filed

proof of filing

Personally Upon receipt of thepleading by the

clerk of court

Written/stampedacknowledgment

by the clerk of court

Byregistered

mail

On the date thepleading was

deposited with thepost office

Registry receipt,and affidavit of the

person who did themailing with:

xxx xxx 1) Full statement

of the date/place of depositing the mailin the post office in

a sealed envelopeaddressed to the

court

xxx Xxx 2) Postage fullypaid

xxx Xxx 3) Instructions to

the postmaster toreturn the mail to

the sender after 10days if undelivered

o Service = Providing a party/counsel with a

pleading/paper’s copy.

mode of service

completeness of service

proof of service

Personal

service

Upon actual

delivery

Written admission of

the party served

Xxx Xxx Official return of theserver; or affidavit

of the party serving,with a full statement

of thedate/place/manner

of service

Service byordinary

mail

10 days aftermailing, unless

otherwiseprovided by the

court

Affidavit of theperson mailing,

showing facts thatcomply with Rule

13, Sec. 7

Service byregistered

mail

Whichever isearlier:

Affidavit of theperson mailing,

showing facts thatcomply with Rule

13, Sec. 7

Xxx 1) Actual receipt

by the addressee

Registry receipt

issued by the postoffice

Xxx 2) 5 days afteraddressee

received 1stpostmaster's

notice

Xxx

o Personal filing and service preferred.

o X: Papers emanating from the court. o The other modes must be accompanied by an

explanation why the service/filing was not donepersonally.

o If no written explanation, the paper considered asnot filed.

SUMMONS

= Coercive force issued by court to acquire jurisdictionover defendant’s person.

o When issued: Upon filing of the complaint +payment of legal fees.

MODES OF SERVICE OF SUMMONS1) By service in person to defendant:

a) By handing a copy of summons to him;b) By tendering it to him, if he refuses to receive

it.2) By substituted service = Requisites:

a) Impossibility of the personal service of summons within a reasonable time;

b) Efforts made to find the defendant personallyand the fact that such efforts failed; &

c) Service by leaving copy of summons either:(1) With some person of suitable age and

discretion then residing in the defendant’sresidence;(2) With some competent person in charge of

the defendant’s office or regular businessplace.

3) By publication = Requisites:

a) The action is in rem or quasi in rem;

b) Defendant's identity/whereabouts areunknown and cannot be known by diligentinquiry; &

c) Leave of court.

WHEN ALIAS SUMMONS MAY ISSUE1) If summons is returned without being served on

any/all of the defendants; or

2) If summons was lost.

WAIVER OF SERVICE OF SUMMONS:o By defendant's voluntary appearance.

o X: Special appearance to file MTD.

EFFECT OF NON-SERVICE OF SUMMONSo Voids all subsequent proceedings and issuances

starting from the order of default.o If defendant was already served summons on the

original complaint, no further summons requiredon the amended complaint if it has no new COAs.

o But if defendant defaulted on the originalcomplaint, new summons must be served for theamended complaint.

DISMISSAL OF ACTION

MTD BEFORE ANSWER UNDER RULE 16GROUNDS 1) LOJ over the defendant’s person;2) LOJ over the claim’s SM;3) Improper venue;4) Plaintiff’s lack of legal capacity to sue;5) Litis pendentia = Requisites:





a) Identity of parties;b) identity of rights and relief;c) Same factual basis; & d) Judgment on one will be RJ on the other.

6) RJ;7) Prescription;8) Failure to state COA;9) Extinguished claim;

10) Unenforceable claim under the SOF;11) Non-compliance with a condition precedent for

filing claim.

MTD UNDER RULE 171) Upon plaintiff’s notice;2) Upon plaintiff’s motion;3) Due to plaintiff’s fault.

DEMURRER TO EVIDENCE = After plaintiff’s presentation of evidence,

defendant moves for dismissal because plaintiff showed no right to relief upon the facts and thelaw.

o If denied, defendant may present evidence.o If granted but order of dismissal is reversed on

appeal, defendant is deemed to have waived theright to present evidence.

DEFAULT

= Defendant’s failure to answer within the proper

period.o Order of default = Interlocutory order issued on

plaintiff’s motion, for defendant’s failure toseasonably file his responsive pleading.

o Judgment by default = Final judgment renderedafter a default order or plaintiff’s ex parte

evidence.

ELEMENTS OF A VALID DECLARATION OF

DEFAULT1) Jurisdiction over defendant’s person;2) Defendant fails to answer within allowed time;3) Motion to declare the defendant in default;4) Serving defendant a copy of the motion; & 5) Proof of failure to answer.

CASES WHERE NO DEFAULTS ARE ALLOWED1) Annulment of marriage, declaration of nullity of

marriage, and legal separation;2) Special civil actions of certiorari, prohibition and

mandamus.

EFFECT OF ORDER OF DEFAULT1) Party in default loses standing as a party litigant.

2) Party in default entitled to notice of subsequentproceedings, but not to take part in the trial.

3) Court to grant relief as claimant’s pleadingwarrants.o But court may require claimant to submit

evidence.o Award not to exceed the amount or be

different in kind from that prayed for.o Cannot award unliquidated damages.

RELIEF FROM ORDER OF DEFAULTo Before judgment, party declared in default may

move to set aside the order of default.o Must show:

1) That his failure to answer was due to FAME; & 2) That he has a meritorious defense.

PARTIAL DEFAULT = If claim states a common COA against several

defendants and not all defendants answer, courtto try the case against all defendants upon theanswers filed and evidence presented.

o X: Personal defenses do not benefit those whodid not answer.

MODES OF DISCOVERY

1) Depositions;

a) Before action;b) Pending action;c) Pending appeal;

2) Interrogatories to parties;3) Request for admission by adverse party;4) Production/inspection of documents/things;5) Physical/mental examination of persons.

TRIAL

PRE-TRIAL= Mandatory conference of parties and counsels

before the judge, called by the court after the joinder of issues or after the last pleading has

been filed and before trial.o For settling the litigation expeditiously.

o Duty of parties and counsels to appear in pre-trial.o Party’s non-appearance excused only if either:

1) Valid cause is shown for it;2) A representative appears in his behalf, fully

authorized in writing:a) To enter into an amicable settlement;b) To submit to alternative dispute

resolution; & c) To enter into stipulations.

o Parties shall file and serve their pre-trial briefs.Brief must be received by adverse party at least 3days before the pre-trial date.

o Pre-trial order shall control the subsequent course

of the action.o Contents of pre-trial order:

1) Matters taken up in the conference;2) Action taken thereon;3) Amendments allowed on the pleadings;4) Parties’ agreements/admissions; & 5) If action shall proceed to trial, definition and

limit of issues to be tried.

CONSOLIDATION OF TRIAL

= If actions involving common question of law/factare pending before the court, it may order a joint

hearing/trial or consolidation of all actions.

SEVERANCE OF TRIAL= Court may issue separate trials for convenience or

to avoid prejudice:1) Of any claim, COCL, CRCL 3rd-party

complaint;2) Of any separate issue;3) Of any number of claims, COCLs, CRCLs, 3rd-

party complaints or issues.

JUDGMENT

JUDGMENT ON THE PLEADINGSo Grounds:

1) Answer fails to tender an issue;

= Merely general/insufficient denial of complaint’s material allegations.

2) Answer admits the adverse party’s pleading’smaterial allegations.

o Cases where JOP is not allowed and complaint’sallegations of material facts must be proved:

1) Declaration of nullity of marriage;

2) Annulment of marriage;

3) Legal separation.

SUMMARY JUDGMENT





= Accelerated judgment. Granted if it is clear thatthere is no genuine issue/controversy of fact,except as to the amount of damages.

o Genuine issue = Issue of fact which needspresentation of evidence.

o Filing of a motion for SJ does not interrupt therunning of the period for filing an answer. Movantmust also file a Motion for Extension of Time to

File Answer.o Partial SJ = If there can be no full summary

judgment, trial to deal only with the facts not yetestablished. Not a final judgment, but merely apre-trial adjudication.

REQUISITES OF A VALID JUDGMENT1) Court has authority to hear and determine the

matter before it;

2) Court has jurisdiction over parties and SM;3) Parties were given opportunity to present

evidence;4) Court considered such evidence in deciding the

case;5) Judgment is in writing, and personally and directly

prepared by the judge; & 6) Judgment clearly states its factual and legal basis,

signed by the judge and filed with the COC.

PROMULGATION = Decision is published, officially announced, made

known to the public or delivered to the COC forfiling, coupled with notice to the parties or theircounsel.

AMENDMENT TO JUDGMENTS

o Court cannot amend the judgment once it hasbecome final and executory.o X:

1) To correct clerical errors (not substantialamendments);

2) To clarify an ambiguities borne out by thecontext of the decision;

3) Judgments for support, which can alwaysbe amended from time to time.

ENTRY OF JUDGMENTS o If there is no appeal/MNT/MFR timely filed, the

COC shall enter the judgment in the book of entries of judgments.

o Date of finality of the judgment = Date of its entryin the book.

EFFECT OF JUDGMENTS

1) RJ in judgments in rem:

judgment conclusive as to

Against a specific thing Title of the thing

Probate of a will oradministration of the

estate of a deceasedperson

The will or administration.However, the probate of a

will or granting of letters of administration shall only be

prima facie evidence of thedeath of the testator or

intestate;

In respect to the

personal, political, orlegal condition or status

of a particular person or

his relationship to another

The condition, status or

relationship of the person,

2) RJ in judgments in personam:o Conclusive between the parties and their

successors in interest by subsequent title.

RES JUDICATAo Requisites:

1) Former judgment is by a court with jurisdiction over SM and parties;

2) Final judgment;

3) On the merits; & 4) Identity of parties, SM and COA.

o Two concepts: 1) Bar by prior judgment = Judgment on 1st

case is absolute bar to every matter whichwas litigated or could have been litigatedupon.

2) Conclusiveness of judgment = If 2nd case

is upon a different claim, judgment on 1stcase is estoppel only to those issues already

litigated upon.o Preclusion of issues; auter action

pendant.

EFFECT OF FOREIGN JUDGMENTS

judgment effect

Upon a specific thing Judgment is conclusive on

the thing’s title.

Against a person Judgment is presumptiveevidence of a right as

between the parties andtheir successors in interest.

o In either case, judgment may be repelled byevidence of:1) LOJ;2) Lack of notice to the party;3) Collusion;4) Fraud;5) Clear mistake of law/fact.

EXECUTION OF JUDGMENT

EXECUTION AS A MATTER OF RIGHT o When the judgment becomes executory, the court

cannot refuse to issue a writ of executiono X:

1) If PFR or action to enjoin judgment is filed+ Preliminary injunction is prayed for andgranted;

2) Incomplete or conditional judgment;3) Judgment is novated by the parties;4) Subsequent facts/circumstances render

execution unjust/impossible;5) Change in parties’ situation makes

execution inequitable;6) Judgment became dormant (5-year

period under Rule39.6 expired withoutrevival).

o Seasonably perfected appear stays the execution

of judgment.o X:

1) Injunction;2) Receivership;3) Accounting;4) Support;5) Judgments declared to be immediately

executor;6) Discretionary execution granted by the

court.o How to execute a final and executory judgment:

1) By motion: Within 5 years from the date of itsentry.

2) By action: (After the 5 years + Before it isbarred by the SOL).

o The revived judgment may be enforcedby motion within 5 years from the date of its entry; thereafter by action before it isbarred by the SOL.

DISCRETIONARY EXECUTION

o If the court rendering judgment still has jurisdiction, it may exercise discretion and orderexecution pending appeal.o X: Inapplicable to CA. Rule on discretionary

Execution contemplates a situation where a





judgment rendered in the exercise of itsoriginal jurisdiction and the prevailing party insaid decision seeks immediate executionduring the pendency of an appeal. CA has noauthority to issue immediate executionpending appeal of its own decisions therein.

o Filing of a supersedeas bond is sufficient to staythe enforcement of a discretionary execution.

o X: Since the suspension of execution is not amatter of right, if the needs of the prevailing

party are urgent, the court can orderimmediate execution despite the bond.

EXECUTION OF MONETARY JUDGMENTS1) Immediate payment upon demand.2) Levy = Officer appropriates the whole/part of

judgment debtor’s property for a prospective

execution sale.3) Garnishment of debts and credits = Levying

an incorporeal property in the hands of 3rdpersons.

POST-JUDGMENT REMEDIES

Remedies against a judgment

A. Before a judgment becomes final and executory:

1) MFR;2) MNT;

3) Appeal.

B. After the judgment becomes final and executory:1) Petition for relief from judgment;

2) Action to annul a judgment;3) Certiorari;

4) Collateral attack of a judgment that is void onits face.

MOTION FOR NEW TRIAL / RECONSIDERATIONo Must be filed within the period for appeal.

o Period for appeal: Within 15 days after noticeof the judgment.

o No motion for extension of time for filingMNT/MFR is allowed. o Filing of a timely MNT/MFR interrupts the

period to appeal. o No appeal from an order denying a MNT/MFR.o Remedies if MNT/MFR is denied:

1) Appeal from the judgment itself;2) Order denying the MNT/MFR may be

assailed by a petition for certiorari underRule 65.

o MNT/MFR is not a prerequisite to an appeal, PFR

or a petition for review on certiorari.

grant of MFR grant of MNT

The court may amend the

judgment or final orderaccordingly. The

amended judgment is inthe nature of a new

judgment, whichsupersedes the original

judgment

The original judgment

shall be vacated, and theaction shall stand for trial

de novo. The recordedevidence upon the former

trial shall be used at thenew trial without retaking

them (if they are materialand competent).X

RELIEF FROM JUDGMENT= Seeks to set aside a judgment because petitioner

was:1) Unjustly deprived of a hearing;2) Prevented from taking an appeal because of

FAME.o Party who timely filed a MNT/MFR can no longer

file a petition for RFJ after the MNT/MFR was

denied. These remedies are mutually exclusive.

MNT/MFR (Rule 37)

RFJ (Rule 38)

When

available

Before judgment

becomes final andexecutory

After judgment

becomes finaland executory

Period to file

petition

Within the time to

appeal

Within 60 days

from knowledgeof judgment

AND within 6months from

entry of judgment

Scope of application

Applies to judgments and final

orders only

Judgments, finalorders, and

otherproceedings:

- LandRegistration;

- SpecialProceedings;

- Order of Execution.

Grounds 1) FAME;

2) Newly discoveredevidence

FAME

Nature Legal remedy Equitableremedy

Verification Motion need not be

verified

Petition must be

verified

ANNULMENT OF JUDGMENTo Applicability:

o For annulment by CA of RTC judgments incivil actions, if MNT/appeal/PFR or otherappropriate remedies are no longer availablewithout petitioner’s fault.

o If annulment of MTC judgment, filed in RTCand treated as ordinary civil action.

o Grounds:1) Extrinsic fraud – File within 4 years from

discovery.o X: If ground was availed or could have

been availed of in MNT/PFR.

2) LOJ – File before barred by laches/estoppels.o Effect of judgment of annulment:

o Sets aside the questioned judgment as nulland void, without prejudice to the originalaction being refiled in the proper court.

o But if ground is extrinsic fraud, court mayorder trial in TC as if a timely MNT wasgranted.

o If questioned judgment was already executed,order of restitution or other just and equitablerelief.

o Prescriptive period for the refiling of theoriginal action is suspended from the filing of the original action until the finality of the judgment of annulment. But period notsuspended if the extrinsic fraud is attributableto the plaintiff in the original action.

APPEAL

mode of appeal Applicability

Ordinary appeal Rule 40 Appeal to RTC of MTC

judgment/final order

Rule 41 Appeal to CA of RTC

judgment/final orderrendered in exercise of

RTC's original jurisdiction

Petition for review Rule 42 Appeal to CA of RTC

judgment/final orderrendered in exercise of

RTC's appellate jurisdiction





Rule 43 Appeal to CA of QJA

judgments/finalorders/awards/

resolutions rendered inexercise of quasi-

judicial functions

Appeal by

certiorari (petition

for review oncertiorari)

Rule 45 Appeal to SC where

only questions of law

are raised/involved

ORDINARY APPEALo Fresh period rule = Period for appeal is

interrupted by a timely MNT/MFR.

o Motion for extension of time to file MNT/MFRnot allowed.

o Applicability:1) Rule 40 on appeals from MTC to RTC.2) Rule 42 on petitions for review from RTC

to CA.

3) Rule 43 on appeals from QJA to CA.4) Rule 45 on appeals by certiorari to SC.

O Applicability of ordinary appeal: To judgments or

final orders that completely dispose of either:1) The case;2) A particular matter in the case, when declared

by ROC to be appealable.o Interlocutory order = Does not dispose of the

case but leaves something else to be done on themerits of the case. For purposes of appeal, anorder is final if it disposes of the entire case.

APPEAL BY CERTIORARI TO SCo Review is not a matter of right, but of sound

judicial discretion.o Reasons considered in exercising review power:

a) Case of first impression;

b) Power of supervision over lower courts.

o Question of law = When controversy is as towhat the law is on a certain state of facts;

o Question of fact = When controversy is as to thetruth of the facts alleged.

o CA’s findings of fact are final and conclusive andcannot be reviewed on appeal to the SC,

provided: there is substantial evidence.o X: CA’s findings of fact may be reviewed by

the SC on appeal by certiorari when:1) Conclusion is a finding grounded entirely on

speculations/surmises/ conjectures;2) Inference made is manifestly

mistaken/absurd/impossible;3) There is GAD in the appreciation of facts;4) Judgment is based on a misapprehension of

facts;5) CA’s findings of fact are conflicting;6) CA, in making its findings, went beyond the

issues of the case and the same is contrary tothe admissions of both parties;

7) CA manifestly overlooked certain relevantfacts not disputed by the parties and which, if properly considered, would justify a different

conclusion;8) CA’s findings of fact are contrary to those of

the TC, or are mere conclusions withoutcitation of specific evidence, or where thefacts set forth by the petitioner are notdisputed by the respondent, or where thefindings of fact of the CA are premised on

absence of evidence but are contradicted bythe evidence of record.

o Rule 65 cannot cure the failure to appeal thru Rule45.

PART 3: PROVISIONAL REMEDIES

= Writs and processes available during the pendencyof the action which may be resorted topreserve/protect parties’ rights/interest.

o Ancillary or auxiliary remedies.o To secure the judgment or preserve the status

quo. o All inferior courts can grant provisional remedies,

provided: the main action is within their

jurisdiction.o Orders granting/denying provisional remedies are

merely interlocutory.

PRELIMINARY ATTACHMENT

O Purposes:1) To seize the debtor’s property in advance and

hold it as security for satisfying the judgment.2) To acquire jurisdiction over the action when

personal service of summons cannot be made.

PRELIMINARY INJUNCTION

o Preliminary preventive injunction = Order

granted by the court where the action/proceedingis pending at any stage of an action/proceedingprior to the judgment requiring a party or a court,agency or a person to refrain from a particularact/s.

o Preliminary mandatory injunction = Requiresthe performance of a particular act/s.

o Purpose: To prevent future injury and maintainthe status quo.

o Requisites:1) Applicant is entitled to the relief demanded;2) Relief consists in restraining or requiring the

commission/continuance of the act/s;3) Commission/continuance/non-performance of

the act/s during the litigation would probablywork injustice to the applicant; &

4) The act/s are probably violative of theapplicant’s rights and tend to render the judgment ineffectual.

o Hearing and prior notice to the party/personsought to be enjoined is required.o X:

1) Great/irreparable injury to the applicantbefore it can be heard on notice.o May issue a TRO effective for 20 days

from service on the party sought to beenjoined.

o Irreparable injury = Of such constantand frequent recurrence that nofair/reasonable redress in court or there isno standard by which their amount can bemeasured with reasonable accuracy.

2) Matter is of extreme urgency and theapplicant will suffer grave injustice andirreparable injuryo May issue ex parte a TRO effective for 72

hours from issuance.o Within 72 hours, judge shall conduct a

summary hearing to determine WON theTRO shall be extended until theapplication for preliminary injunction can

be heard.o Maximum period of TRO’s effectivity: 20

days.o If issued by CA: 60 days.

o If by SC: Until further orders.o If the application for preliminary injunction is

denied or not resolved within the 20 days, the

TRO is deemed automatically vacated.o TRO’s effectivity of a TRO is not extendible.

Court cannot extend/renew it on the sameground for which it was issued.





TRO VS. INJUNCTIONo TRO is intended as a restraint upon the defendant

until the propriety of granting an injunctionpendente lite can be determined. TRO goes nofurther than to preserve the status quo until suchdetermination.

o Same requirements for application as preliminary

injunction.

RECEIVERSHIP

o Receiver = Person appointed by the court inbehalf of all the parties to the action, to preserveand conserve the property in litigation andprevent its possible destruction/dissipation, if it

were left in the possession of any of the parties.

REPLEVIN

= Principal action is to recover possession of personal property from defendant.

o Extends only to personal property capable of

manual delivery.

SUPPORT PENDENTE LITE

o Cases where granted:1) Civil action for support;2) Criminal action where civil liability includes

support for the offspring as a consequence of the crime.

o If the right to support is put in issue, court cannot

grant support pendente lite.o If the person ordered to give support pendente

lite refuses/fails, any 3rd person who furnished

that support to the applicant may enforce his rightof reimbursement.

PART 4: SPECIAL CIVIL ACTIONS

o Rules on ordinary civil actions apply to special civilactions insofar as not inconsistent or suppletorily.

INTERPLEADER

o Requisites:1) Person has property in his possession or has

an obligation to render; & 2) Does not claiming any right in it; & 3) Asks that defendants who have conflicting

claims upon the property/obligation berequired to litigate among themselves todetermine who is entitled to theproperty/obligation.

DECLARATORY RELIEF

o Requisites:

1) SM is either a written instrument or astatute/regulation/ordinance;

2) Its terms and validity are doubtful and require judicial construction;

3) No breach of it yet;4) Actual justiciable controversy;5) Issue ripe for judicial determination; & 6) Adequate relief not available through other

means.

o Who may file:1) Person interested in the instrument;

2) Person whose rights are affected by thestatute/regulation/ordinance.

CERTIORARI, PROHIBITION AND

MANDAMUS

Certiorari Prohibition Mandamusgrounds

Tribunal, board

or officerexercising

judicial orquasi-judicial

functions actedwith LOJ or

GADALEJ

Proceedings of

tribunal,corporation,

board, officer orperson,

exercising judicial, quasi-

judicial orministerial

functions, arewith LOJ or

GADALEJ

Tribunal,

corporation,board, officer or

person:a. unlawfully

neglectsperformance of

a specificallyenjoined duty;

orb. unlawfully

excludesanother from

the use andenjoyment of a

right/ office

purpose

To correct anact performed

by therespondent

To prevent thecommission or

carrying out of an act

To compel theperformance of

the act desired

o Common requirement for Rule 65 writs: There isno appeal or any other plain, speedy andadequate remedy in the ordinary course of law.

PROHIBITION o A preventive remedy. But to prevent the act

during the pendency of the proceedings for theprohibition writ, must obtain a TRO and/or writ of preliminary injunction.

MANDAMUSo In the performance of an official duty/act, the

official can only be directed to act, but not to actin one way or the other.o X: GAD, manifest injustice, palpable excess of

authority.

CERTIORARIA petition for review on certiorari as a mode of appeal(Rule 45) may be distinguished from a special civilaction for certiorari (Rule 65) in that:o

Petition for certiorari as a mode of appeal isgoverned by Rule 45 and is fi led from a judgmentor final order of the RTC, Sandiganbayan or CA,within 15 days from notice of the judgmentappealed from or of the denial of the duly filedMNT/MFR on questions of law only.

o Special civil action for certiorari is governed byRule 65 and is filed to annul/modify judgments,orders or resolutions rendered/issued without orin excess of jurisdiction or GADALEJ, when thereis no appeal nor plain, speedy and adequate

remedy in the ordinary course of law, to be filedwithin 60 days from notice of the judgment, orderor resolution subject of the petition.

o In appeal by certiorari under Rule 45, the

petitioner and respondent are the original partiesto the action and the lower court is not impleaded.In certiorari under Rule 65, the lower court isimpleaded.

o In appeal by certiorari, the filing of a MFR is notrequired; while in the special civil action of certiorari, MFR is generally required.

QUO WARRANTO





= Remedy to try disputes with respect to the title toa public office.O Filed by whom, against whom:

1) By the Government, in the name of theRepublic, against:a) Person who unlawfully holds/exercises a

public office/position;b) Public officer who does an act which is

legally a ground for forfeiture of hisoffice;

c) Association which acts as a corporation inthe Philippines, without being legallyincorporated.

2) By a person claiming to be entitled to a publicoffice, in his own name, against another whounlawfully held/exercised such public office.

FORCIBLE ENTRY AND UNLAWFUL

DETAINER

O Actions for recovery of possession of real

property:1) Accion Interdictal = Summary action for

FEUD.o Must be brought within 1 year from the

date of (actual entry to the land or lastdemand) in the proper MTC/METC.

2) Accion Publiciana = Plenary action forrecovery of the right to possess.o Brought in the proper RTC when

dispossession has lasted for > 1 year.3) Accion Reivindicatoria = Plaintiff alleges

ownership and seeks recovery of its fullpossession.o Must be brought in the proper RTC.

o Forcible entry = Defendant’s possession of

land/building is illegal ab initio (by force,intimidation, strategy, threat or stealth).

o Unlawful detainer = Defendant’s possession of land/building was originally lawful but ceased tobe so by the expiration of his right to possess.o Commenced by lessor only after either:

1) Demanding lessee to pay or comply with

the conditions of the lease and to vacate;2) Serving written notice of such demand

upon the person found on the premises;

3) Posting such notice on the premises if noperson be found thereon, and the lessee

fails to comply within (15 days for land or5 days for buildings).

o X: Prior demand not required:1) If action’s purpose is to terminate the

lease due to term’s expiration (not forfailure to pay rentals or comply withthe terms of the lease contract).

2) If action’s purpose is enforcement of the K’s terms (not for ejectment).

3) When the defendant is not a tenantbut a mere intruder.

SUMMARY PROCEDURE IN

METC/MTC/MCTC

o Applicability of the 1991 Revised Rules onSummary Proceedings:1) FEUD;

o Irrespective of the amount of damages orunpaid rentals sought.

o If attorney's fees are awarded, not >P20K.

2) Other civil cases where the total amount of the plaintiff's claim is not > P10K (exclusive of interest and costs).o X: Probate proceedings.

o The only pleadings allowed:

1) Complaints;2) COCL and CRCL pleaded in the answer;3) Answers thereto.

Documents

Preweek Final Civpro